O'Quinn v. Baptist Memorial Hospital

Mr,. Justice) Chambliss

delivered the opinion of the Court.

The appeal is from a decree awarding a new trial of a tort action in which a verdict had been directed in favor of the defendant hospital. The bill charges that the case was disposed of on May 26,1943, by then Circuit Judge Frank H. G-ailor, who four days later, on May 31st, was appointed to the Supreme Court, as Associate Justice of that Court; that plaintiff below, appellee here, promptly filed his motion for a new trial on June 1st, in time for a hearing- thereof on the first motion day following the trial; that Justice G-ailor did…